Maryland 2024 Regular Session

Maryland Senate Bill SB353 Latest Draft

Bill / Engrossed Version Filed 03/05/2024

                             
 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0353*  
  
SENATE BILL 353 
M3, R2   	4lr0488 
      
By: Senator Simonaire 
Introduced and read first time: January 16, 2024 
Assigned to: Education, Energy, and the Environment 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 22, 2024 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Confined Aquatic Disposal Task Force 2 
 
FOR the purpose of establishing the Confined Aquatic Disposal Task Force; and generally 3 
relating to the Confined Aquatic Disposal Task Force. 4 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 
That: 6 
 
 (a) There is a Confined Aquatic Disposal Task Force. 7 
 
 (b) The Task Force consists of the following members: 8 
 
 (1) the members of the Bay Enhancement Working Group;  9 
 
 (2) one member of the Senate of Maryland, appointed by the President of 10 
the Senate; 11 
 
 (2) (3) one member of the House of Delegates, appointed by the Speaker of the 12 
House; 13 
 
 (3) the Secretary of the Environment, or the Secretary’s designee; 14 
 
 (4) the Executive Director of the Maryland Port Administration, or the 15 
Executive Director’s designee one member from the Anne Arundel County Office of 16 
Planning and Zoning; and 17  2 	SENATE BILL 353  
 
 
 
 (5) the following members, appointed by the Governor: 1 
 
 (i) one member who is an expert on confined aquatic disposal 2 
programs; 3 
 
 (ii) one representative of a sports fishing organization; 4 
 
 (iii) one representative of the Chesapeake Bay Foundation; 5 
 
 (iv) one representative of the U.S. Army Corps of Engineers; and 6 
 
 (v) two three members from water privileged communities who 7 
represent a waterfront community, one of each located in Baltimore County, Baltimore 8 
City, or and Anne Arundel County that are in close proximity to dredged materials from 9 
Baltimore Harbor, appointed by the Governor.  10 
 
 (c) The Governor majority of the members of the Task Force shall designate the 11 
chair of the Task Force. 12 
 
 (d) The Maryland Port Administration shall provide staff for the Task Force. 13 
 
 (e) A member of the Task Force: 14 
 
 (1) may not receive compensation as a member of the Task Force; but 15 
 
 (2) is entitled to reimbursement for expenses under the Standard State 16 
Travel Regulations, as provided in the State budget. 17 
 
 (f) (1) The Task Force shall strive for consensus among its members. 18 
 
 (2) An affirmative vote of a majority of members is needed for the Task 19 
Force to act. 20 
 
 (g) The Using the procedures and policies governing the Dredged Material 21 
Management Program under the Maryland Port Administration, the Task Force shall: 22 
 
 (1) discuss study and review: 23 
 
 (i) the overall concept, viability, and available options associated 24 
with confined aquatic disposal programs to meet the long–term dredged material 25 
placement needs of the State; 26 
 
 (ii) the State’s requirements and long –term strategies for 27 
maintaining functional and thriving ports in Maryland; 28 
   	SENATE BILL 353 	3 
 
 
 (iii) the capacity limitations of the State’s dredged material 1 
placement sites and the State’s needs going forward; 2 
 
 (iv) the potential benefits and risks associated with confined aquatic 3 
disposal programs; 4 
 
 (v) (iii) the categories of dredged materials that should be 5 
permitted within confined aquatic disposal sites; 6 
 
 (vi) (iv) any financial impacts on neighboring communities in close 7 
proximity to confined aquatic disposal sites; 8 
 
 (vii) any limitations to be placed on confined aquatic disposal 9 
programs with consideration given to the following factors:  10 
 
 1. (v) the location of confined aquatic disposal sites, including 11 
the selection of industrial versus residential areas and distance from shore;  12 
 
 2. (vi) the size of confined aquatic disposal sites; 13 
 
 3. (vii)  noise levels associated with confined aquatic 14 
disposal;  15 
 
 4. (viii) times of day when dredged material may be added 16 
to confined aquatic disposal sites;  17 
 
 (ix) economic impacts of confined aquatic disposal;  18 
 
 5. (x) environmental impacts of confined aquatic disposal; and  19 
 
 6. any other factors the Task Force deems necessary; and 20 
 
 (viii) (xi) an approach for community outreach for any future 21 
confined aquatic disposal program; and 22 
 
 (xii) any other factors the Task Force deems necessary; and  23 
 
 (2) make a recommendation on whether the Maryland Port Authority 24 
should pursue the development of a confined aquatic disposal program or prohibit its use 25 
in the State; and 26 
 
 (3) if the Task Force recommends developing a confined aquatic disposal 27 
program, develop a list of best practices and legislative or other policy recommendations 28 
regarding the authorization or implementation of the program, including: 29 
 
 (i) selecting locations for confined aquatic disposal sites;  30 
  4 	SENATE BILL 353  
 
 
 (ii) the size of confined aquatic disposal sites; 1 
 
 (iii) specifications on allowable dredged materials; 2 
 
 (iv) the consideration of impacts to neighboring communities, 3 
habitat, and the environment;  4 
 
 (v) outreach programs; and  5 
 
 (vi) any other subjects the Task Force deems necessary using 6 
confined aquatic disposal as a strategy for meeting the long–term dredged material 7 
placement needs of the State. 8 
 
 (h) On or before July 1, 2025, the Task Force shall submit a report of its findings 9 
and recommendations to the Executive Committee created under § 5–1104.2 of the 10 
Environment Article, the Senate Committee on Education, Energy, and the Environment, 11 
the House Environment and Transportation Committee, the Governor, and, in accordance 12 
with § 2–1257 of the State Government Article, the General Assembly. 13 
 
 SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect July 14 
1, 2024. It shall remain effective for a period of 1 year and 6 months and, at the end of 15 
December 31, 2025, this Act, with no further action required by the General Assembly, shall 16 
be abrogated and of no further force and effect.  17 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.